ABROAD DESING APPLICATION

Yurtdışı Tasarım Müraacatı

Abroad Design Application

People or institutions who want to protect the original design or pattern in other countries, shall make abroad design application within six months after the application dates in Turkey. The failure in making application within this period means that the chances of protection from abroad will cease.

As in the case of the same trademark or patent registration, application of an overseas design application can be made abroad by two main methods (application to countries one by one or use of regional or international based collective application systems).

Accordingly, general information on the means of application is given below.

If protection is requested in 2 or 3 countries, and if no activity shall be carried out in country beside these countries, it shall be a more rational solution to apply to countries one by one. The fact that the legal regulations of each country differs means different costs and processes for each country, this is not a serious problem because the number of countries is low.

Instead of responding directly to the requests of MARKACELL, which we have mentioned above, and those with similar qualities, we first make a situation assessment with our partners in the relevant country; we compare the process and cost analysis with the similar works we have previously made and then we prefer to inform our clients.

Similar to the Community Trademark (CTM) application in trademark, the European Community has commissioned this system as of 1 April 2003, so that unique designs can be protected by a single application in all European Union countries.

One of the most important features of the system is that it provides a certain degree of protection against unregistered designs. Accordingly, unregistered designs may interfere with imitation of the original design for a period of three years from the date of disclosure of the design.

The authority authorized to carry out the procedures related to the procedure of the system is the OHIM which also carries out community trademark registration transactions. (Office for the Harmonization in the Internal Market).

A Community design application may be filed with the citizens of the Member States of the European Union, the World Trade

Organization, the Paris Union, or persons who have commercial activity or residence in these countries (private and legal).

Accordingly, Turkish applications can be filed as a Community Design in the capacity of being a member of the Paris Union and the World Trade Organization. Applicants can be made through a registered trademark agent in one of the community member states as well as in the community mark.

The information and documents required for the application are not different from the standard design application. Accordingly, it is sufficient to fill in the application form prepared by the OHIM for the application and to submit the information of the applicant and the design visuals. The applications can be made in one of the three official languages ​​of the European Union (English, French or German).